Patricia Pearl - Small Claims Procedure - A Practical Guide


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Last Will and Testament Kit


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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Notice to Owner - Key features?

    All,

    IS there a DOT template of guidance material for Notice To Owner available anywhere?

    Are there any bits that I should be looking for on them (titles, dates, payment details etc etc)?


    Cheers,

    James

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  2. #2
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    Default Re: Notice to Owner - Key features?

    ok at this link

    Its the DOT guidance to the Boroughs on how to design a NTO.

    There is one big error which is continually made that is the give you 28 days from the date of the notice to reply instead of 28 days from date of service of the notice.

    Everyone Ive had has had the same error and they have all resulted in cancellation.

    Be a bit careful

    If you point out the error they can issue you with another one that is correct. The best way to appeal is to fill out the NTO stating that you wish to appeal on the basis that the contravention didnt occur

    Your reasons are that the NTO failed to comply with the Road Traffic Act 1991.

    Leave it at that.

    When you then get your chance to appeal in full to the ajudicator point out the error.

    If the errors there it cant fail.

    Look at this link

    http://www.dft.gov.uk/stellent/group...ads_027631.pdf

    7 actions in progress

    amount refunded so far £6500

  3. #3
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    Default Re: Notice to Owner - Key features?

    Im assuming this is a pcnicon issued by the council.

    If its a Police one different rules

    7 actions in progress

    amount refunded so far £6500

  4. #4
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    Default Re: Notice to Owner - Key features?

    Cheers for the quick reply!

    Mmmh, I think Aylesbury have got everything pretty much air-tight!

    HOW TO MAKE REPRESENTATIONS AGAINST THIS NOTICE TO OWNER

    IF you feel that you should not pay the penalty charge, indicated below by ticking the appropriate box. Give all relevant details in the space provided. Note that you must supply evidence to support your claim. You must sign the form and return it to us at REPRESENTATIONS, PARKING SERVICES, PO BOX 569, AYLESBURY HP20 2ZW to arrive in our offices within 28 days from reciept of this notice. UNSTAMPED LETTERS WILL NOT BE ACCEPTED.

    NB: THE ROAD TRAFFICE ACT 1991 (as amended) sets out the grounds on which you may make representations!


    THE COUNCIL IS NOT REQUIRED TO CONSIDER ANY OTHER CIRCUMSTANCES



    Having had a read through the DoT guidance, I cant see any statement relating to 14.12 (g) "A Statement of recipients right to appeal to a parking adjudicator if the authority rejects his or her representations."


    It has no mention of any appeals process here at all.



    Cheers

    James


  5. #5
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    Default Re: Notice to Owner - Key features?

    Quote Originally Posted by rogerebaker
    Im assuming this is a pcnicon issued by the council.

    If its a Police one different rules
    It is a council indeed!


  6. #6
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    Default Re: Notice to Owner - Key features?

    James

    Have a look at this link its got the actual wording of the Act. It differs from the guidance in some respects especially about what has to be on the notice

    Road Traffic Act 1991 (c. 40)

    Have you had a good look at the road markings.

    7 actions in progress

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  7. #7
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    Default Re: Notice to Owner - Key features?

    Cheers,

    As it makes no reference to any "independent" adjudication and does seem to differ from that of the DoT model...and from what i can make out the RTA 1991 (although its not aa clear - I'm looking at Paragraph 5 here). I guess its a bit dodgy.


    So, I should send it back, ticking the box we mentioned earlier in the post. And wait for it to go further?


    Okay, I have another 3 in the pipeline - should I do the same here? What are the chances of the council re-issuing a load of notice to Owners if there application is struck out?


    Lines? It was a council car park, I didnt pay and display. Although, the ticketsarent sticky and I guess the force of the wind could have knocked my ticket offmy dashboard onto the floor?

    Thoughts?


    JAmes


  8. #8
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    Default Re: Notice to Owner - Key features?

    7 actions in progress

    amount refunded so far £6500


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE